INTELLECTUAL PROPERTY

At Pibit, we take intellectual property (IP) rights seriously and are committed to protecting the original work we create for our clients, as well as respecting the intellectual property rights of others. This policy outlines how we handle intellectual property in relation to the services we provide, including web design and development, graphic design, social media marketing, and SEO.

1. Ownership of Work Product

a. Client Deliverables

Upon full payment for our services, Pibit grants our clients ownership of the final work product (such as websites, logos, designs, content, and digital assets) that has been specifically created for them under the terms of the contract. This means:

  • Design Assets: Clients own the rights to all finished designs, including logos, brochures, and marketing materials, once payment is made.
  • Website Code & Content: Clients will own the source code, images, content, and other materials that we create for their website, except where third-party licenses apply (such as licensed stock images, plugins, or other third-party assets).
  • Transfer of Ownership: After the project is completed and final payment is received, Pibit will transfer all rights to the deliverables, and the client may use these materials without restriction.

b. Pre-Existing Materials

Any intellectual property, including but not limited to designs, code, templates, and content, that was developed or acquired by Pibit prior to or outside of the scope of the client’s project will remain the exclusive property of Pibit. This includes:

  • Frameworks and Code Libraries: Any proprietary code, frameworks, or tools created by Pibit for internal use or previous projects will remain the property of Pibit, and the client is granted a non-exclusive, non-transferable license to use these assets within the scope of the project.
  • Stock Assets: Any stock images, fonts, plugins, or third-party software licensed by Pibit for use in the project remain the property of the respective licensors and are subject to their respective licensing terms.

2. License to Use

When Pibit creates original work for a client, the client receives a license to use the materials for their intended purpose (e.g., the website, logos, and marketing materials). This license is:

  • Non-exclusive: Meaning Pibit may use similar designs or concepts in other projects.
  • Non-transferable: Meaning the client cannot sell, lease, or assign their rights to a third party without Pibit’s permission.
  • Perpetual: Meaning the client retains the right to use the work indefinitely once it has been delivered and paid for.

3. Copyrights We Retain

The work produced by Pibit is protected by copyright law from the moment of creation. In accordance with copyright law:

  • Pibit retains the copyright to all designs, code, content, and other creative work produced during the course of a project, unless otherwise explicitly stated in the agreement.
  • Upon payment, the client is granted a license to use the work for the intended purpose, but Pibit retains the right to use the work for promotional purposes (e.g., case studies, portfolio display, and marketing) unless otherwise agreed upon.

Note: If a client requests that Pibit not use the deliverables for promotional purposes, this must be stated in the agreement prior to project commencement.

4. Our Trademarks

If Pibit creates a logo or branding material for the client, the client will own the trademark rights to the final design, provided the client registers the trademark with the relevant authorities (e.g., the U.S. Patent and Trademark Office or equivalent in other jurisdictions). Pibit will assist with the registration process at the client’s request but is not responsible for the formal registration or protection of trademarks.

5. Third-Party Content & Licensing

While we strive to use only original content or content that we have the legal right to use, Pibit may occasionally incorporate third-party resources, such as stock images, fonts, software, or plugins, into the deliverables. In these cases, the client will be granted a license to use these materials, but Pibit does not transfer ownership of such third-party content.

The client is responsible for complying with the licensing terms for any third-party resources used in the project. Pibit will provide the client with the relevant details about third-party licenses upon request.

6. Client Responsibility

It is the client’s responsibility to:

  • Provide Original Materials: Clients must ensure they have the right to use any materials (such as text, images, logos, and trademarks) provided to Pibit for use in their project. Pibit is not liable for any infringement of third-party rights resulting from the use of materials provided by the client.
  • Maintain the Security of IP: The client is responsible for protecting and securing the intellectual property delivered by Pibit once it has been transferred. This includes safeguarding passwords, code access, and other assets provided.

7. Confidentiality

Both Pibit and the client agree to maintain confidentiality regarding any proprietary or confidential information disclosed during the course of the project. This includes any technical processes, business strategies, or other sensitive information that is not publicly available.

8. Disputes

In the event of a dispute regarding the ownership or use of intellectual property, both parties agree to attempt to resolve the issue amicably. If a resolution cannot be reached, the dispute will be handled in accordance with the dispute resolution procedure outlined in the project agreement.

9. Termination of Services

If for any reason the client fails to make full payment or breaches the terms of the agreement, Pibit reserves the right to revoke the client’s license to use any delivered work, and any ongoing IP transfers may be suspended until the dispute is resolved.

By working with Pibit, you agree to the terms outlined in this Intellectual Property Policy. We are dedicated to providing clear communication and transparency about ownership and licensing to ensure that both parties are aligned and can focus on creating exceptional results together.

If you have any questions or concerns regarding intellectual property rights or would like to discuss the specifics of your project, please feel free to contact us.